IN THE CASE OF: Mr. BOARD DATE: 25 February 2015 CASE NUMBER: AR20140004355 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. The Board found the reason for discharge was fully supported by the record and voted not to change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his discharge characterization from general under honorable conditions to honorable. 2. The applicant states, in effect, that his discharge was inequitable because it was based on one isolated incident in 59 months of service with no other adverse action. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 5 March 2014 b. Discharge received: General, Under Honorable Conditions c. Date of Discharge: 9 November 2012 d. Reason/Authority/SPD/RE: Misconduct (Drug Abuse), AR 635-200, Chapter 14 paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: C Btry, 2nd Bn, 3rd FA, Fort Bliss, TX f. Current Enlistment Date/Term: 10 March 2009, 6 years g. Current Enlistment Service: 3 years, 8 months h. Total Service: 5 years, 3 months, 2 days i. Time Lost: None j. Previous Discharges: RA-070808-090309/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 13B10, Cannon Crewmember m. GT Score: 97 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (101021-111010) and Iraq (080611- 090603) q. Decorations/Awards: ARCOM, AAM-3, AGCM, ACM-w/2-CS, ICM-w/CS, NDSM, GWOTSM, NPDR, ASR, OSR-2, NATO MDL, CAB r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 8 August 2007, for a period of 4 years and 17 weeks. He reenlisted 10 March 2009, for a period of 6 years. He was 20 years old at the time of reenlistment and a high school graduate. His record indicates he served a period of combat in Afghanistan and Iraq; achieved the rank of SPC/E-4; and earned several awards to include the ARCOM, three AAMs, and the AGCM. He completed 5 years, 3 months, and 2 days of total active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 26 October 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs for wrongfully using and possessing spice (120913). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 31 October 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement on his behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. 4. On 5 November 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 9 November 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), with a Separation Program Designator code (SPD) of JKK and an RE code of 4. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. An Armed Forces Traffic Ticket dated 15 October 2011, for littering. 2. Article 15, imposed on 26 September 2012, for violation of a lawful general order by wrongfully possessing spice (120913). The punishment consisted of reduction to the grade of E-1, forfeiture of $743.00 pay per month for one month, and extra duty and restriction for 45 days (FG). 3. Several negative counseling statements dated between 1 December 2011 and 13 September 2012, for receiving a DUI while on leave, littering, failing to pay military star card, lack of judgment riding with someone intoxicated, planning, and measures to minimize any further instances, and failing to obey a lawful order. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 and a service request all details document. POST-SERVICE ACTIVITY: None was provided with the application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 2. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. 3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. DISCUSSION AND RECOMMENDATION: 1. After a careful review of all the applicant’s military records, the issues and documents submitted with the application, the characterization of service appears to be improper. 2. The record confirms the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85 and is protected evidence because the applicant was in a rehabilitation program. Use of this information mandates award of an honorable characterization of service. 3. The records show the proper discharge and separation procedures were not followed in this case. 4. Therefore, the characterization of service being improper, recommend the Board grant full relief by upgrading the applicant’s characterization to honorable. However, the reason for the discharge was fully supported by the record and remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 25 February 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140004355 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1